SZUIH v Minister for Immigration and Border Protection (No 2) [2015] FCA 1036

SZUIH v Minister for Immigration and Border Protection (No 2) [2015] FCA 1036

In the absence of appearance by the applicant and in light of previous findings that there was no error made by the original judge in dismissing the reinstatement application, the interlocutory application for reinstatement must be dismissed with costs.

Parties
Applicant: SZUIH; First Respondent: Minister for Immigration and Border Protection; Second Respondent: Administrative Appeals Tribunal
Jurisdiction
Australia
Judgment Date
15 September 2015
Procedural Posture
Interlocutory Application / Dismissal of Interlocutory Application to Reinstate Dismissed Substantive Application
Outcome
Application dismissed with costs
Legal Topics
Extension of Time, Leave to Appeal, Reinstatement of Dismissed Proceedings
Administrative Law Extension of Time Leave to Appeal Reinstatement of Dismissed Proceedings

Case Brief

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Parties

SZUIH

Applicant

Minister for Immigration and Border Protection

First Respondent

Administrative Appeals Tribunal

Second Respondent

Procedural Posture

Interlocutory Application / Dismissal of Interlocutory Application to Reinstate Dismissed Substantive Application

Legal Issues

  1. 1 Whether the dismissed application should be reinstated
  2. 2 Whether the applicant is entitled to extension of time and leave to appeal

Ratio Decidendi

In the absence of appearance by the applicant and in light of previous findings that there was no error made by the original judge in dismissing the reinstatement application, the interlocutory application for reinstatement must be dismissed with costs.

Court Disposition

Application dismissed with costs

Orders

  • The applicant's interlocutory application dated 7 September 2015 be dismissed.
  • The applicant pay the first respondent's costs of the said application in the amount of $1,000.